CTHIn ForceAct
Defence Reserve Service (Protection) Act 2001
27Applying to resume work after defence service
Start here
Get a plain-English read of 27
Turn the raw legal text into a practical explanation grounded in Defence Reserve Service (Protection) Act 2001.
#### 27 Applying to resume work after defence service
(1) A member who is absent from his or her employment while absent on defence service may apply to the employer to resume work under the member’s contract of employment. An application must be in writing (unless the employer waives that requirement).
(2) If the contract of employment was terminated in accordance with law while the member was absent on defence service but another employer (the new employer) is carrying on:
(a) the business or undertaking in which the member was employed under the contract; or
(b) another business or undertaking which includes that business or undertaking;
the member may apply in writing to the new employer for reinstatement.
(3) The member must apply to the employer or new employer no later than 30 days after ceasing to render defence service.
(4) If an employee is reinstated in employment with a new employer, the contract of employment under which the member was previously employed is novated to the new employer.